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NAGORNO-KARABAKH CONFLICT: LEGAL ASPECTS OF A SETTLEMENT
Namig ALIEV
Namig Aliev, D.Sc. (Law), State Councilor, Second Class (Baku, Azerbaijan)
Intentio inservire debet legibus, non leges
intentioni (Lat.)
Intentions ought to be subservient to the
laws, not the laws to intentionsIntroduction
Any international conflict can be resolved only when the world community makes an objective political and legal assessment of that conflict. A thorough study of the root causes of the confrontation and a comprehensive analysis of the current situation is absolutely essential for: (1) the adoption of a fair decision by the parties (with the participation of mediators); (2) legally correct and effective use of generally recognized rules of international law; and (3) the establishment of a stable and lasting peace guaranteed by the international community as represented by authoritative international organizations such as the United Nations, OSCE, European Union, Council of Europe, NATO and others. Their immediate duty is to maintain and restore peace and stability both on a global scale and in various parts of the world, and to apply sanctions against the aggressor state.
On 25 January, 2005, the Parliamentary Assembly of the Council of Europe adopted its Resolution 1416 (2005), “The Conflict over the Nagorno-Karabakh Region Dealt with by the OSCE Minsk Conference” (rapporteur David Atkinson). In this document, the Assembly acknowledges the occupation of a significant part of Azerbaijan’s territory by Armenian troops and reiterates that “the occupation of foreign territory by……………………..
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